1. Acceptance of Orders
All orders are subject to acceptance by Weber Packaging Solutions Inc. (Henceforth referred to as “Weber” in this document). A physical purchase order or written authorization is required for orders over $5,000
2. Limitation of Liability
Weber’s responsibility shall be to repair or replace the product. It is limited to the invoice price of the product claimed to be defective, and is the sole remedy should the equipment or media fail to conform to its’ warranty. Weber shall not be liable for any loss or damage of any kind, including any incidental, special or consequential damages resulting, directly or indirectly; from any breach of warranty, express or implied, or any other failure of the products.
Weber agrees to indemnify, defend, and hold harmless Buyer/Customer and its affiliates, subsidiaries, shareholders, members, directors, officers, employees, agents, parents and contractors (other than Weber), from and against any Claim, and any associated losses, arising from: (A) the failure of products provided by Weber hereunder to meet the representations, warranties and covenants set forth. (B) a breach by Weber of any material terms or conditions under this agreement; (C) the negligence, recklessness or willful misconduct of Weber in manufacturing products or in the performance of its other obligation under this agreement; (D) violation of any patent, trade secret, or other intellectual property or proprietary right due to Weber’s provision of the Products; and (E) bodily injury, death, tangible property damage and theft resulting from Weber’s negligent and willful acts and omissions.
Buyer/Customer agrees to indemnify, defend, and hold harmless Weber Packaging Solutions Inc (Weber) and its affiliates, subsidiaries, shareholders, members, directors, officers, employees, agents, parents and contractors, from and against any Claim, and any associated losses, arising from: (A) the failure of products provided by Buyer/ Customer hereunder to meet the representations, warranties and covenants set forth. (B) a breach by Buyer/ Customer of any material terms or conditions under this agreement; (C) the negligence, recklessness or willful misconduct of Buyer/ Customer in manufacturing products or in the performance of its other obligation under this agreement; (D) violation of any patent, trade secret, or other intellectual property or proprietary right due to Buyer/ Customer’s provision of the Products; and (E) bodily injury, death, tangible property damage and theft resulting from Buyer/ Customer’s negligent and willful acts and omissions.
Proofs will be provided for approval either by the buyer/ customer’s request or at the discretion of Weber, if no request is made at the point of order. Proofs should be inspected for general appearance, spelling, etc. Production will not begin until proofs are approved, including the ordering of raw material and tooling required to produce the order.
5. Proof Cancellation Charge
If proofs have been issued and the order is subsequently cancelled at any time before it goes to production, a flat fee of $150.00 will be charged to the buyer/ customer.
Custom label orders are not subject to cancellation. In the event that a cancellation is requested prior to production, the buyer/ customer will be liable for all costs incurred; which may include artwork, plates, dies, other preparation charges, and the cost of raw material that was purchased by Weber for the purpose of producing the order.
Applicators and Continuous Inkjet Systems (CIJ):
Any order cancelled within five (5) days of the receipt of the order, will be subject to a $500 processing charge. Additional charges will apply to orders cancelled after five (5) days, to cover all engineering and material costs.
Orders for stand-alone or desktop printers may be cancelled prior to the shipment. Most printers ships within one (1) day of receipt of order. Contact Weber Customer Service to check on the status of shipment.
Pack Leader USA:
If an order is cancelled after down payment is received and processed, a restocking fee of 25% of the purchase price shall apply. If an order is cancelled after, the order is 50% complete (as determined by Pack Leader USA), a restocking fee of 50% of the purchase price shall apply. Notwithstanding the previous two sentences, if an order for any custom products is cancelled at any time, a restocking fee of 100% shall apply.
7. Shipping Charges
All shipments are EXW; unless otherwise specified and accepted by Weber.
8. Over-Runs or Under-Runs
All orders will be supplied and billed on a plus or minus (+/-) five percent (5%) quantity basis. Exceptions must have prior approval.
Prices are subject to change without notice. Quotations are void, unless accepted within thirty (30) days from date of issue.
10. Preparation Charges
All plate and tooling preparation charges are net labor and do not include any materials procured by Weber required to produce the order. Physical printing plates and tooling are the property of Weber.
11. Payment Terms
Weber’s standard payment terms are Net 10 days from invoice date.
Pack Leader USA equipment:
50% down, 50% Net 30
All equipment, inclusive of Label Applicators, Printer-Applicators, Custom Labeling Systems and Continuous Inkjet Systems (CIJ); require a down payment of fifty percent (50%), and are net 10 days from invoice date.
Desktop printers, less than $5,000; will not require a down payment. Standard payment terms will apply.
Pack Leader USA Change Order Fees:
A $295 fee will be charged for any changes made to the order once processed.
Pack Leader USA Cancellation of Order:
If an order is cancelled after down payment is received and processed, a restocking fee of 25% of the purchase price shall apply. If an order is cancelled after the order is 50% complete (as determined by Pack Leader USA), a restocking fee of 50% of the purchase price shall apply. Notwithstanding the previous two sentences, if an order for any custom products is cancelled at any time, a restocking fee of 100% shall apply.
Pack Leader USA Shipment:
Proposed labeling system to be shipped after complete testing by our in-house service technician. Pack Leader USA requires receipt of 10 of each product sample and roll of labels (min. 500). Order will be moved into production only after 50% down payment is received and all product samples/labels.
12. Return Policy
A Return Merchandise Authorization number (RMA) must be obtained prior to any product being returned. Any items sent back without a RMA number will be refused.
All items are subject to full inspection, and returns will be subject to a twenty percent (20%) re-stocking charge. A $100 flat rate will be charged for returns of stand-alone printers.
Returns WILL NOT be authorized for any custom products (labels or equipment). Return authorization must be requested within thirty (30) days from the date of shipment and be returned within sixty (60) days of the date of shipment.
Pack Leader USA Warranty Returns and Credit Returns Policy:
The process and timeframe begins once Pack Leader USA (PLUSA) has emailed an RMA (Return Merchandise Authorization) number to the customer. The customer is then allowed a maximum of 15 business days to return the parts being claimed to be considered for warranty credit. If parts are not returned within the 15 business day timeframe, then the warranty claim is invalid. Warranty testing conducted in the PLUSA facility will determine final eligibility results for any credit / refund. If returned parts are working as designed, or are otherwise damaged at no fault of PLUSA, the customer will be given the option of said parts being discarded or returned to them.
The customer will be invoiced for all replacement parts that are shipped as replacement if tested parts are working or damaged. All shipping costs are the responsibility of the customer, F.O.B. Grandview, MO. Any parts ordered as warranty and not needed will be charged a 20% restock fee.
At the time of the parts order for warranty replacement, all such parts will be charged at 100% of the parts’ list price plus shipping. If the parts are deemed warranty replacement, the client will receive 100% credit for the part or parts, and ground shipping only if applicable.
13. Artwork Return Policy
It is assumed that art files received for a print order are copies provided for Weber’s use. Weber does not incur the responsibility as the long-term data storage provider of such art files. In the event an art file needs to be retrieved, a $75.00 fee, will be charged per label, for a digital transfer of the original customer-provided file.
Weber and Buyer/ Customer shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of any Confidential Information of the other party. Without limiting the foregoing, each party shall take at least those measures that it takes to protect its own most highly confidential information, and shall promptly notify the disclosing party of any misuse or misappropriation of Confidential Information of which it becomes aware. Each party shall disclose Confidential Information only to those officers, directors, employees and contractors who are required to have the information in order to evaluate or engage in discussions concerning the contemplated business relationship, and such party shall remain responsible for compliance with the terms of this Agreement by its officers, directors, employees and contractors.
15. Pack Leader USA Technical Requirements
Service Utilities. The labeling system has been designed to provide optimum performance using 110vac, 60hertz, and single-phase current supply. Voltage should be maintained within normal limits of + 10 volts for best results.
Sample Testing. We require all samples that will be run on the machine. We will not guarantee a product to label properly until sample testing is completed.
Tolerances. Product to be labeled must be free of any contamination or defects that would disrupt the pressure sensitive label from being applied properly. Labels are to be die-cut in roll-form. Rate of application will be dependent on product shape, label size and construction, and product size. Application tolerances generally will be within + 1/32” exclusive of product and label variations. Most product containers vary to some small degree in manufacturing that may translate to application need.
16. Weber Engineering Acceptance
All orders are subject to engineering review by Weber before final acceptance Weber reserves the right to modify any published specifications in order to meet the application requirements Any customer-initiated changes in application requirements, equipment specifications or physical characteristics of the products before, during or after receipt of the product, may result in additional charges, lead-time changes or order cancellation. Final pricing, confirmed speeds, and label placement accuracy, is subject to testing.
Weber offers a limited lifetime warranty on its applicators beyond the standard 1 year plus 10 days warranty period listed below.
The following provisions apply:
1. The machine(s) must be installed by a Weber Service Technician.
2. The machine(s) must exclusively use Weber labels, ribbons, and machine parts.
3. All machine components are covered with the exception of print engine parts.
Weber warrants the applicator (excluding the print engine) to be free from defects in workmanship and materials for the specified warranty period. The warranty period is one (1) year plus 10 days (total of 375 calendar days) from date of shipment from Weber, Arlington Heights based upon an eight-hour work day and a five-day work week. The print engine warranty period is 90 days plus 10 days (total of 100 calendar days) from date of shipment from Weber, Arlington Heights based upon an eight-hour work day and a five-day work week.
This warranty covers items that are defective in nature and does not cover neglect, abuse, misuse, or natural acts. It does not cover equipment or parts that are improperly installed or replaced by the user and/or his agent. It does not cover loss or damages resulting from accident, unapproved modifications or alterations. Normal maintenance must be performed in a timely and appropriate manner and all supplies and/or replacement parts must be equivalent to those supplied by Weber. The warranty does not cover expendable and/or consumable items or parts such as, but not limited to, labels, ribbons or print heads.
Warranty labor, travel and out of pocket expenses are covered for the first 30 days from date of installation when the equipment is installed by Weber Authorized Service Personnel dispatched by Weber, Arlington Heights and the installation fees charged to the customer are at the normal installation rates. It is not covered beyond the first 30 days from date of installation. It is also not covered if someone other than a Weber Authorized Service Personnel performs the installation or if a reduced installation rate is used.
This non-transferable warranty is limited to the original purchaser of the system and supersedes all other warranties, expressed or implied, and shall not be modified in any way. No salesperson, representative, or agent of Weber is authorized to make any guarantee, warranty, or representation that contradicts this product warranty as published by Weber, Arlington Heights, Illinois. Any waiver, alteration, addition or modification to the published Weber warranty must be in writing and signed by an executive officer of Weber to be valid.
Pack Leader USA Equipment Warranty
Workmanship, mechanical and electrical parts are warranted for one year from date of delivery, and wear parts such as belts, rollers, etc. are warranted for 90 days from date of delivery. Warranty is limited to repair or replacement of defective part or parts, and Purchaser shall be responsible for shipping and return shipping of items needing warranty work to Pack Leader F.O.B. Grandview, MO, which is where all warranty work shall be performed. Purchaser’s remedies shall consist solely and exclusively of those stated above, and Purchaser waives its rights to assert any failure of essential purpose in such warranty. This warranty shall be voided by (i) improper installation, use with inadequate or improper wiring, piping, ventilation, system design, inspection, testing or maintenance (ii) use of insufficient or unqualified personnel to install, operate or maintain items, or (iii) exposure to excessive heat, moisture, dust, dirt, corrosion, or any other harmful condition
Warranty service is available on Weber supplied equipment by contacting the Weber Service Department, Arlington Heights, IL, 1-800-323-8519.